Cal. Code Regs. Tit. 22, § 72520 - Bed Hold

(a) If a patient of a skilled nursing facility is transferred to a general acute care hospital as defined in Section 1250(a) of the Health and Safety Code, the skilled nursing facility shall afford the patient a bed hold of seven (7) days, which may be exercised by the patient or the patient's representative.

(1) Upon transfer to a general acute care hospital, the patient or the patient's representative shall notify the skilled nursing facility within twenty-four (24) hours after being informed of the right to have the bed held, if the patient desires the bed hold.

(2) Except as provided in Section 51535.1, Title 22, California Administrative Code, any patient who exercises the bedhold option shall be liable to pay reasonable charges, not to exceed the patient's daily rate for care in the facility, for bed hold days.

(3) If the patient's attending physician notifies the skilled nursing facility in writing that the patient's stay in the general acute care hospital is expected to exceed seven (7) days, the skilled nursing facility shall not be required to maintain the bed hold.

(b) Upon admission of the patient to the skilled nursing facility and upon transfer of the patient of a skilled nursing facility to a general acute care hospital, the skilled nursing facility shall inform the patient, or the patient's representative, in writing of the right to exercise this bed hold provision. No later than June 1, 1985, every skilled nursing facility shall inform each current patient or patient's representative in writing of the right to exercise the bed hold provision. Each notice shall include information that a non-Medi-Cal eligible patient will be liable for the cost of the bed hold days, and that insurance may or may not cover such costs.

(c) A licensee who fails to meet these requirements shall offer to the patient the next available bed appropriate for the patient's needs. This requirement shall be in addition to any other remedies provided by law.

The provisions of this section do not apply to patients covered only by Medicare, Title XVIII benefits pursuant to Code of Federal Regulations, Title 42, Subsection 489.22(d)(1).

Notes

Cal. Code Regs. Tit. 22, § 72520

1. New section filed 12-17-84 as an emergency; effective upon filing (Register 85, No. 1). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-16-85.
2. Certificate of Compliance including amendment of subsection (b) transmitted to OAL 4-11-85 and filed 5-15-85 (Register 85, No. 21).
3. Last sentence added to clarify that Section 72520 as originally adopted was not applicable to patients covered only by Medicare, Title XVIII benefits. (See 42 CFR 489.22(d)(1).)

Note: Authority cited: Sections 208(a), 1275 and 1276, Health and Safety Code. Reference: Sections 1275 and 1276, Health and Safety Code; and 42 CFR 489.22 (d)(1).

1. New section filed 12-17-84 as an emergency; effective upon filing (Register 85, No. 1). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-16-85.
2. Certificate of Compliance including amendment of subsection (b) transmitted to OAL 4-11-85 and filed 5-15-85 (Register 85, No. 21).
3. Last sentence added to clarify that Section 72520 as originally adopted was not applicable to patients covered only by Medicare, Title XVIII benefits. (See 42 CFR 489.22(d)(1).)